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;. <br />Page 59 <br />Construction Nlaterials Rule 3 <br />,. <br />otherwise approved by the Board or Office, shall be no steeper than a ratio of 2: l <br />(horizontal to vertical ratio), except from 5 feet above to 10 feet below the expected <br />water line where slopes shall be not steeper than 3:1. If a swirruning area is proposed <br />as a portion of the Reclamation Plan, the slope, unless otherwise approved by the <br />Board or Office, shall be no steeper than 5:1 throughout the are;t proposed for <br />swimming, and a slope no steeper than 2:1 elsewhere in the pond. <br />ti6(a)(o) (8) If the Operator's choice of .reclamation is for agricultural or <br />horticultural crops which normally require the use of farm equipment, the Operator <br />shall grade so that the azea can be traversed with farm machinery. ~_~„_ <br />~l.Q.. (9) An Operator may backfill structural fill material generated within the <br />S C~> MLRB permitted azea into an excavated pit within the permit azea as provided for in <br />~,~ , the MLRB Pemrit. If an Operator intends to backfill inert structural fill generated <br />outside of the approved permit area, it is the Operator's responsibility to provide the <br />Office notice of any proposed backfill activity not identified in the approved <br />Reclamation Plan. If the Office does not respond to the Operatoi;; notice within <br />thirty (30) days after receipt of such Notice by the Office, the Operator may proceed <br />in accordance with the provisions of this Rule. The Operator shall maintain a <br />Financial Warranty at all times adequate to cover the cost to stabilize and cover any <br />exposed backfilled material. The Notice to the Office shall include but is not limited <br />to: <br />(a) a narrative that describes the approximate Location of the <br />proposed activity; <br />(b) the approximate volume of inert material to b~ backfilled; <br />(c) a signed affidavit certifying that the material is clean and inert, <br />as defined in Rule 1.1(20); <br />(d) the approximate dates the proposed activity will commence <br />and end, however, such dates shall not be an enforceable condition; <br />(e) an explanation of how the backfilled site will result in a post- <br />mining configuration [hat is compatible with the approved post-mining land <br />use; and <br /> <br />